HomeMy Public PortalAbout2008-04 Federal Drug Control & System Improvement Program - Miami-Dade Department of Human ServicesRESOLUTION NO. 2008-4
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO APPLY FOR THE FEDERAL
DRUG CONTROL AND SYSTEM IMPROVEMENT
PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-
DADE COUNTY DEPARTMENT OF HUMAN SERVICES TO
APPLY FOR, RECEIVE, EXPEND GRANT FUNDS,
EXECUTE AND AMEND AGREEMENTS RELATED TO THE
GRANT; FOR THE PURPOSE OF CREATING A RECORD
IMPROVEMENT PROGRAM.
WHEREAS, grant funds ( the "Grant") are available from the Federal Drug Control and
System Improvement Program through Miami -Dade County Department of Human Services (the
" County") .
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above stated recital is adopted and confirmed.
Section 2. Authorization.
A. That the Village Council hereby authorizes the Village Manager to apply to Miami -Dade
County for the above described Grant funds in the approximate amount of $ 5,075.00.
B. That the Village Council authorizes the Village Manager to execute such contracts and
agreements as are required for the Grant, subject to approval as to form and legal sufficiency
governmental body following their approval by the Village Attorney.
C. That the Village Council authorizes the Village Manager to expend any and all Grant
monies received for the purpose described in the funding request; to receive and expend any
additional funds that might become available during the term of the Grant; to file and execute
necessary amendments to the Grant application for and on behalf of the Village of Key Biscayne,
Miami -Dade County, Florida; and to exercise amendment, modification, renewal, cancellation and
termination clauses of any contracts and agreements directly related to the Grant on behalf of the
Village of Key Biscayne, and to take all action necessary to implement the Grant and this resolution.
Section 3. Effective Date. That this resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 15th day of January , 2008.
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
VILLAGE ATT e RNE
MAYOR ROBERT L. VERNON
MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES
CONTRACT
This Contract, made this 9-0 day of iA' -& 200 (7-, by and between
Miami -Dade County, a political subdivision of the State of Florida hereinafter referred to as
"County") through its Department of Human Services (hereinafter re erred to as "Department"),
located at 2525 N.W. 62"d Street, Suite 4228 — Miami, FL 33147, and the VILLAGE OF KEY
BISCAYNE located in Miami -Dade County, Florida (hereinafter referred to as "Provider"),
provides the terms and conditions pursuant to which the Provider shall provide a Criminal
Justice Record Improvement Project.
WHEREAS, the County has been awarded federal funds from the Drug Control and
System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti -Drug
Abuse Act of 1988, hereinafter referred to as the ACT; and
WHEREAS, the Provider warrants and represents that it possesses the legal
authority to enter into this Agreement by way of resolution, motion or similar action that has
been duly adopted or passed as an official act of the Provider's governing body, authorizing the
execution of the Contract, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the Provider to carry out on
behalf of the Provider all of the duties and responsibilities set forth in this Contract; and
WHEREAS, this Contract shall be deemed effective upon award of grant funds by
the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to
Miami -Dade County or when this Contract has been duly executed by both parties, whichever is
later; and
WHEREAS, the County is desirous of supporting an expansion of the services
provided by the Criminal Justice Record Improvement Project by providing a portion of the
federal funds awarded to Miami -Dade County to the Criminal Justice Record Improvement
Project; and
WHEREAS, the County as contractor/grantee for the State of Florida is authorized to
purchase said services for the Criminal Justice Record Improvement Project as an allowable
activity under the ACT; and
WHEREAS, the County requires the above -mentioned services from the Provider in
order to fulfill its' contractual obligations under the aforementioned grant,
NOW, THEREFORE, for and in consideration of the mutual covenants recorded
herein, the parties hereto agree as follows:
I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $3,806. Both parties agree that should
available County funding be reduced, the amount payable under this Agreement may be
proportionately reduced at the option of the County.
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II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachment A.
III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2007
through September 30, 2008.
IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services
and payment by the County, including the required 25% Cash Match, and provide all
equipment and supplies required for the provision of services.
V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A. Requirements of the Anti -Drug Abuse Act. The Provider agrees to abide by all
of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System
Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida
Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business
Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and
all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set
forth.
B. Supplanting. The Provider agrees that funds received under this Contract shall
be utilized to supplement, not supplant state or local funds, and will be used to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-
drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida
Administrative Code.
VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services
by assuring that services are provided by the same person whenever possible and, if not, by a
qualified replacement when necessary.
VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be
responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2)
whenever the County so requests, meeting with County staff to review such compliance.
VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold
harmless the County and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of defense, which the County or
its officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Contract by the Provider or its employees, agents,
servants, partners, principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall
pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by Provider shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents and instrumentalities as
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herein provided. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract.
IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined
by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written
verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing
herein shall be construed to extend any party's liability beyond that provided in section 768.28,
Florida Statutes.
X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed
professionals providing Criminal Justice Record Improvement services shall have
appropriate training and experience in the field in which he/she practices and abide by all
applicable State and Federal laws and regulations and ethical standards consistent with those
established for his/her profession. Ignorance on the part of the Provider shall in no way relieve
it from any of its responsibilities in this regard.
XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami -
Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et
al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference
as if fully set forth herein, in connection with its Contract obligations hereunder.
XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami -
Dade County ("County Code"), as amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1975, 42 U.S.C., § 2000 d as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as
amended, which prohibits discrimination on the basis of disability; and the Americans with
Disabilities Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and
accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, the County shall have the right to terminate this Contract. It is further understood that the
Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair
Housing Act, 42 U.S.C. § 3601 et seq. If the Provider or any owner, subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the
Courts or the County to be in violation of these Acts, the County will conduct no further
business with the Provider. Any contract entered into based upon a false affidavit shall be
voidable by the County. If the Provider violates any of the Acts during the term of any Contract
the Provider has with the County, such contract shall be voidable by the County, even if the
Provider was not in violation at the time it submitted its affidavit.
The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance,
codified as § 11A-60 et seq. of the Miami -Dade County Code, which requires an employer, who
in the regular course of business has fifty (50) or more employees working in Miami -Dade
County for each working day during each of twenty (20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law may be
grounds for voiding or terminating this Contract or for commencement of debarment
proceedings against Provider.
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XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered
personally or sent by mail or by facsimile to the parties at the following addresses or to such
other address as either party may specify:
If to the COUNTY:
Miami -Dade County
Department of Human Services
2525 NW 62nd Street, Suite 4225
Miami, Florida 33147
Attention: Ms. Michaela Doherty
If to the PROVIDER:
Key Biscayne Police Department
88 West McIntyre Street
Key Biscayne, FL 33149
Attn: Lt. Jose L. Monteagudo
XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. It is expressly understood
and intended that the Provider is only a recipient of funding support and is not an agent or
instrumentality of the County. Furthermore, the Provider's agents and employees are not
agents or employees of the County.
XV. BREACH OF AGREEMENT: COUNTY REMEDIES.
A. Breach. A breach by the Provider shall have occurred under this Contract if: (1)
The Provider fails to provide services outlined in the Scope of Services (Attachment A) within
the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds
allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete
proof of expenditures to support reimbursement requests or fails to submit or submits
incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the
Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider
refuses to allow the County access to records or refuses to allow the County to monitor,
evaluate and review the Provider's program; (6) the Provider discriminates under any of the
laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence
Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions
of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its
obligations under this Contract through fraud, misrepresentation or material misstatement; (10)
the Provider fails to correct deficiencies found during a monitoring, evaluation or review within
the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami -
Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and
conditions of any obligation under any contract or otherwise or any repayment schedule to any
of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper
manner any and all of its obligations, covenants, agreements and stipulations in this Contract.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
B. County Remedies. If the Provider breaches this Contract, the County may
pursue any or all of the following remedies:
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1. The County may terminate this Contract by giving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days
before the effective date of termination. In the event of termination, the County may: (a)
request the return of all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, reports prepared and secured by the Provider with County funds
under this Contract; (b) seek reimbursement of County funds allocated to the Provider under
this Contract; (c) terminate or cancel any other contracts entered into between the County and
the Provider. The Provider shall be responsible for all direct and indirect costs associated with
such termination, including attorney's fees;
2. The County may suspend payment in whole or in part under this Contract
by providing written notice to the Provider of such suspension and specifying the effective date
thereof, at least five (5) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the Provider as
condition precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any other
contracts entered into between the County and the Provider. The Provider shall be responsible
for all direct and indirect costs associated with such suspension, including attorney's fees;
3. The County may seek enforcement of this Contract including but not
limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible
for all direct and indirect costs associated with such enforcement, including attorney's fees;
4. The County may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations
under this Contract through fraud, misrepresentation or material misstatement, the County
shall, whenever practicable terminate this Contract by giving written notice to the Provider of
such termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. The County may terminate or cancel any other contracts
which such individual or entity has with the County. Such individual or entity shall be
responsible for all direct or indirect costs associated with such termination or cancellation,
including attorney's fees. Any individual or entity who attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material misstatement may be
disbarred from County contracting for up to five (5) years;
6. Any other remedy available at law or equity.
C. The County Manager is authorized to terminate this Contract on behalf of
the County.
D. Damages Sustained. Notwithstanding the above, the Provider shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the Contract, and the County may withhold any payments to the Provider until such time as
the exact amount of damages due the County is determined. The Provider shall be responsible
for all direct and indirect costs associated with such action, including attorney's fees.
XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate
at least sixty (60) days prior to the effective date of such termination. The County Manager is
authorized to terminate this Contract on behalf of the County.
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XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all
expenditures or costs shall be made in accordance with the Budget which is attached herein
and incorporated hereto as Attachment B.
A. Budget Variance. Funds may be shifted between approved line items, not to
exceed fifteen percent (15%) of the total budget, without a written amendment. Variances
greater than fifteen percent (15%) in any approved line item shall require a written amendment
approved by the Department.
B. Recapture Funds. At the conclusion of the third quarter and upon submission of
the Quarterly Performance Report and Invoice, the County will review the Provider's Year -To -
Date expenditures.
1. Municipalities reporting remaining balances which exceed expenditure
levels for normal program operations must submit a plan with the Third Quarter Report which
documents those steps the municipality will take in the Fourth Quarter to fully expend the
contract by the end of the program year.
2. This expenditure plan must be approved by the County.
3. Where the municipality does not anticipate full expenditures by the end of
the program year, the County will recapture the anticipated unexpended amount for use in
another program, without a formal amendment process.
C. Payment Procedures. The County agrees to pay the Provider for services
rendered under this Contract based on the line item budget incorporated herein and attached
hereto as Attachment B. The parties agree that this is a cost -basis Contract and the Provider
shall be paid through reimbursement payment for allowable expenses on the budget approved
under this Contract (see Attachment B). The Provider agrees to invoice the County for each
Criminal Justice Record Improvement using the Quarterly Project Performance Report &
Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section
XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in
accordance with the form provided in Attachment C. The final Quarterly Project Performance
Report & Invoice shall be submitted by October 15, 2008.
D. The Provider agrees to mail all invoices to the address listed above, Section XIII.
E. The County agrees to review invoices and to inform the Provider of any
questions. Payments shall be mailed to the Provider by the County's Finance Department.
F. No payment of subcontractors. In no event shall county funds be advanced
directly to any subcontractor hereunder.
XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY.
A. Acquisition of Property. The Provider is required to be prudent in the acquisition
and management of property with federal funds. Expenditure of funds for the acquisition of
new property, when suitable property required for the successful execution of projects is
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already available within the Provider organization, will be considered an unnecessary
expenditure.
B. Screening. Careful screening should take place before acquiring property in
order to ensure that it is needed with particular consideration given to whether equipment
already in the possession of the Provider organization can meet identified needs. While there is
no prescribed standard for such review, the Provider procedures may establish levels of review
dependent on factors such as the cost of the proposed equipment and the size of the Provider
organization. The establishment of a screening committee may facilitate the process; however,
the Provider may utilize other management techniques which it finds effective as a basis for
determining that the property is needed and that it is not already within the Provider's
organization. The County must ensure that the screening referenced above takes place and
that the Provider has an effective system for property management. The Provider is hereby
informed that if the County is made aware that the Provider does not employ an adequate
property management system, project costs associated with the acquisition of the property may
be disallowed.
C. Loss, Damage or Theft of Equipment. The Provider is responsible for replacing
or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any
loss, damage, or theft of the property must be investigated and fully documented and made part
of the official project records.
D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment
acquired shall be used and managed to ensure that the equipment is used for criminal justice
purposes.
E. Management. The Provider's procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet
the following requirements: 1) Property records must be maintained which include description
of property, serial number or other identification number, source of the property, identification of
who holds the title, acquisition date, costs of the property, percentage of County participation in
the cost of the property (Federal funds), location of property, use and condition of the property,
disposition data including the date of disposal and sale price; 2) a physical inventory of the
property must be taken and the results reconciled with the property records at least once every
2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage
or theft of the property. Any loss, damage, or theft shall be investigated by the Provider as
appropriate; 4) adequate maintenance procedures must exist to keep the property in good
condition; and 5) if the Provider is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
F. Retention of Property Records. Records for equipment, nonexpendable
personal property, and real property shall be retained for a period of 3 years from the date of
the disposition or replacement or transfer at the discretion of the County. If any litigation, claim,
or audit is started before the expiration of the 3 -year period, the records shall be retained until
all litigation, claims, or audit findings involving the records have been resolved.
XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES.
The Provider shall keep records of program services in sufficient detail to provide any reports
that may be requested by the County.
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A. Records. All program records will be retained by the Provider for not less than
three (3) years beyond the term of this Agreement. In accordance with contract requirements
from the State of Florida, records for the Criminal Justice Record Improvement Project
services must reflect:
1. The names of staff providing services as described in Attachment A.
2. The dates and number of hours the staff provided services.
3. The dates of services and activities and the names of program
participants in attendance to such as described in Attachment A.
4. The records of all other program services provided under this Agreement.
B. Reporting Requirements.
1. Quarterly Project Performance Report and Invoice. The Provider shall
submit the Quarterly Project Performance Report and Invoice to the Department of Human
Services by January 15, April 15, July 15, and October 15, 2008 covering the Agreement
activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall
be submitted in the format and using the form attached hereto as Attachment C.
2. Other Required Reports. The Provider shall submit other reports as may
be required by the Department of Human Services during the program year.
C. Changes to Reporting Requirements. The Provider understands that the
County may at any time require changes in data collected, records or reporting, as may be
necessary and agrees to comply with any such modifications.
D. Monitoring and Audit. The Provider shall make available for review, inspection,
monitoring or audit by the County without notice during normal business hours all financial
records and other program records and documents which relate to or have been produced or
created as a result of this Agreement. The Provider shall provide assistance as may be
necessary to facilitate a financial/program audit when deemed necessary by the County to
ensure compliance with applicable accounting and financial standards. The County reserves
the right to require the Provider to submit to an audit of the County's choosing. Furthermore,
the Provider understands, it may be subject to an audit, random or otherwise, by the Office of
the Dade County Inspector General or independent private sector inspector general retained by
the Office of the Inspector General.
E. Office of Miami -Dade County Inspector General. Miami -Dade County has
established the Office of the Inspector General, which is empowered to perform random audits
on all County contracts throughout the duration of each contract. Grant recipients are exempt
from paying the cost of the audit, which is normally 1/4 of 1% of the total contract amount.
The Miami -Dade County Inspector General is authorized and empowered to review past,
present and proposed County and Public health Trust Programs, contracts, transactions,
accounts, records, and programs. In addition, the Inspector General has the power to
subpoena witness, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
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concerning whether the project is on time, within budget and in compliance with plans,
specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness of
proposed change orders to the Contract. The Inspector General is empowered to retain the
services of independent private sector inspectors general to audit, investigate, monitor,
oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal submittals, activities of
the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to
ensure compliance with contract specifications and to detect fraud and corruption
Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG
retained by the Inspector General, the Provider shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and copying. The
Inspector General and IPSIG shall have the right to inspect and copy all documents and
records in the Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to
original estimate files, change order estimate files, worksheets, proposals and Contracts from
and with successful and unsuccessful subcontractors and suppliers, all project -related
correspondence, memoranda, instructions, financial documents, construction documents,
proposal and contract documents, back -charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records, and supporting documentation for the aforesaid documents and
records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontracts and all other Contracts executed by the Provider in connection with the
performance of the contract.
Nothing in this contract shall impair any independent right of the County to conduct audit or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Provider or third parties.
F. Independent Private Sector Inspector General Reviews. Pursuant to Miami -
Dade County Administrative Order 3-20, the Provider is aware that the County has the right to
retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the
County deems it appropriate to do so. Upon written notice from the County, the Provider shall
make available to the IPSIG retained by the County, all requested records and documentation
pertaining to this agreement for inspection and copying. The County shall be responsible for
the payment of these IPSIG services, and under no circumstances shall the Provider's budget
and any changes thereto approved by the County, be inclusive of any changes relating to these
IPSIG services.
The terms of this provision herein, apply to the Provider, its officers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any
independent right of the County to conduct an audit or investigate the operations, activities and
performance of the Provider in connection with this Contract. The terms of this Section shall
not impose any liability on the County by the Provider or any third party.
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G. Evaluation Studies. The Provider agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the Florida Department of Law
Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation
shall at a minimum include access to the Provider's premises and records.
XX. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to
retain legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Provider shall not utilize County funds to provide
legal representation, advice or counsel to any client in any action or proceeding against the
County or any of its agents, instrumentalities, employees or officials.
B. Religious Purposes. County funds shall not be used for religious purposes.
C. Commingling Funds. The Provider shall not commingle funds provided under
this Contract with funds received from any other funding sources.
XXI. MISCELLANEOUS.
A. Contract. This Contract is the complete and exclusive statement of all the
arrangements between the County and the Provider regarding provision of the services
described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend
any other agreement between the Provider and the County unless specifically stated herein.
B. Amendments and Modifications. Except as otherwise enumerated herein, no
amendment to this Contract shall be binding on either party unless reduced to writing, signed by
both parties, and approved by the County Manager. Provided, however, that the County may
effect amendments to this Contract without the written consent of the Provider, to conform this
Contract to changes in the laws, directives, guidelines, and objectives of County, State and
Federal Governments.
Any alterations, variations, amendments, or other modifications of this Contract, including but
not limited to amount payable and effective term, shall only be valid when they have been
reduced to writing, duly approved and signed by both parties and attached to the original of this
Contract.
The County and Provider mutually agree that amendments of the Scope of Service, line item
budget of more than fifteen percent (15%) of the total budget set forth herein and other such
revisions my be negotiated as written amendment to this Contract between the parties. The
County Manager is authorized to make amendments to this Contract as described herein on
behalf of the County.
C. Ownership of Data and Other Material. All reports, information documents, tapes
and recordings, maps and other data and procedures developed, prepared, assembled or
completed by the Provider in connection with the duties and responsibilities undertaken by the
Provider in accordance with the terms of this Contract shall become the property of the County
without restriction, reservation or limitation of their use and shall be made available to the
County by the Provider at any time upon request by the County. Upon completion of all work
contemplated under this Contract, copies of all of the above data shall be delivered to the
County upon request.
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D. Contract Guidelines. This Contract is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this Contract shall be
Miami -Dade County, Florida.
E. Publicity. It is understood and agreed between the parties hereto that this
Provider is funded by Miami -Dade County. Further, by acceptance of these funds, the Provider
agrees that events and printed documents funded by this Contract shall recognize the funding
source as follows:
This program was supported by a grant awarded to the Miami -Dade County
Department of Human Services, the Florida Department of Law Enforcement
(FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA).
F. Subcontracts. The Provider agrees not to enter into subcontracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or
all of its rights, title or interest herein, or its power to execute such Contract without the prior
written approval of the County and that all subcontractors or assignees shall be governed by
the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000
or more by the County and the Provider intends to use subcontractors to provide the services
listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider
shall provide the names of the subcontractors and suppliers on the form attached as
Attachment E. The Provider agrees that it will not change or substitute subcontractors or
suppliers from those listed in Attachment E without prior written approval of the County.
G. Headings, Use of Singular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the
provisions of this Contract. Wherever used herein, the singular shall include the plural and
plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as
the context requires.
H. Total of Contract/Severability of Provisions. This twelve (12) page Contract with
its recitals on the first page of the Contract and with its attachments as referenced below
contain all the terms and conditions agreed upon by the parties:
Attachment A:
Attachment B:
Attachment C:
Attachment D.
Attachment 01:
Attachment D2:
Attachment D3:
Attachment E.
Scope of Services
Budget
Quarterly Project Performance Report & Invoice
Miami -Dade County Affidavits
Code of Business Ethics
Miami -Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid
or void, the remainder of this Contract shall not be affected thereby if such remainder would
then continue to conform to the terms and requirement of applicable law.
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
by their respective and duly authorized officers, the day and year first above written.
Genaro "Chip" Iglesias
Name (typed)
ATTEST:
.
.
• R 1
•
CLERK
CLER
GEOR M. BURGESS
Page 12 of 12
Village Manager
Title
MIAMI-D E COUNTY, FLORIDA
COUNTY MANAGER
SUMMARY OF ATTACHMENTS
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT D1
ATTACHMENT D2
ATTACHMENT D3
ATTACHMENT E
Scope of Services/ Program Narrative
Program Budget
Quarterly Project Performance Report & Invoice
Miami -Dade County Affidavits
Code of Business Ethics
Miami -Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers
ATTACHMENT A
PROGRAM NARRATIVE
Jurisdiction Name: Key Biscayne
Address:88 West McIntyre Street
Key Biscayne, FI. 33149
Program Area: Records Improvement
Program Name: Records Improvement
Contact Person: Lt. Jose L. Monteagudo
Contact Numbers: Office 365-8949
Fax 365-8937
Program Dates: 10/01/07 through 09/30/08
Target Population: Village Residents
Problem Identification
In a small police department such as Key Biscayne, the use of technology has helped to
improve the quality of service offered to their residents. The police department is one of
several agencies attempting to advance the quality of services provided to the community. In
doing so, the department wishes to upgrade the servers used to maintain the department's
criminal and administrative data as well as to monitor and coordinate the officer's access to
NCIC/FCIC and other criminal justice data bases. The police department recently upgraded
its Computer Aided Dispatching and Records Management Systems (CAD/RMS) providing
officers with the capability to access these databases from their patrol cars. However this
upgrade as well as the amount of data that is being stored and accessed, has rendered the
existing servers virtually obsolete. The department has purchased replacement servers and is
now in need of assistance in procuring the necessary software user licenses in order to make
them functional.
Other concerns for this department include laptops currently used by patrol officers. The
equipment has begun to show signs of wear and tear and has become too costly to repair.
Use of JAG in FY07, provide the department an opportunity to purchase four (4) replacement
laptops for thirty (30) officers in the Key Biscayne Police Department. Additional replacements
are needed for officers to work more efficiently from patrol cars and to establish wireless
access to various criminal justice databases.
Program Description
The Key Biscayne Police Department will be able serve their residents more effectively and
efficiently by obtaining software user licenses for the department's new servers. This will
permit the storage and availability of adequate amounts of data that will allow the officers to
work more efficiently and provide them with critical officer safety information. JAG funds will
also be used to purchase additional laptops for 3 of their officers. Use of these laptops will
ensure provide patrol staff access to criminal justice databases and improve the quality and
accuracy of reporting. The use of laptops will reduce the time needed to do data entry (storing
data) and provide for a more accurate 'real time' record of police services. It will also allow
officers to transmit and receive information when conducting FCIC and NCIC checks. JAG
funds will be used to support the department's efforts to improve their criminal justice records
system.
Jurisdiction Name: KEY BISCAYNE Contact Person: Lt. Jose L. Monteagudo
Address: 88 West McIntyre Street Contact Numbers: Office 365-8949
Fax 365-8937
Key Biscayne, FI. 33149
Program Area: Records Improvement Program Dates: 10/01/07 through 09/30/08
Program Name: Records Improvement
Target Population: Village Residents
Proposed Activities
Planned Measures
Monitoring Plan
15C.08 To automate
criminal justice records
system during the grant
year
Purchase equipment,
software and software user
licenses to improve the
capacity and capability of
data storage and enable an
information exchange
between the police
department and NCIC/CJIC
data systems.
Copies of invoices for
materials purchased.
Copies of report and/or
Lt. Jose L. Monteagudo, KBPD
Michaela Doherty, DHS
ATTACHMENT B
PROGRAM BUDGET
Jurisdiction Name: KEY BISCAYNE
Program Area: Records Improvement
Program Name: Records Improvement
Contact Person: Lt. Jose L. Monteagudo
365 -8949 PH -- 365-8937 FX
Program Dates: 10/01/07 - 09/30/08
Salaries and Benefits, Total $0
Operating Capital Outlay, Total $5,075
3 Laptop Computers @ $1025 ea. $3,075
Server licenses and installation discs $2,000
(1 SQL, 5 Device access, 1 Microsoft)
Contractual Services, Total $0
Expenses, Total $0
Total Budget $5,075
Dade County will reimburse an amount not to exceed: $3,806
The 25% CASH MATCH for this grant is: $1,269
The source of the CASH MATCH is:
Police Department General Fund, Key Biscayne
10/9/2007, Kb$08 10a
ATTACHMENT C
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Drug Control and System Improvement Formula Grant Program
Quarterly Project Performance Report
RECORD IMPROVEMENT PROJECT
PURPOSE AREA 15B
(City)
(Project Name)
(Name of Person Completing Form) (Title)
STATE ID NUMBER: 2008-JAGC-DADE - 27 -Q9-062
(Phone)
Report Number
Quarterly Period
Report Due Dates
1
October 1 - December 31
January 15
2
January 1 - March 31
April 15
3
April 1 - June 30
July 15
4
July 1 - September 30
October 15
Report Number
Quarterly Period
Report Due Dates
Note: Those questions that are directly related to your program have been highlighted for your
convenience. All questions must be answered and explained in the NARRATIVE portion of this report.
Any report not received by January 16; April 16; July 16; and/or October 16, will result in the issuance
of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests.
FY2008 Quarterly Project Report
Criminal Justice Information System 15B
Record Improvement Project
Please answer the highlighted questions that correspond to your project
15C. 20 To purchase equipment for criminal justice rec ords impr ovement activities in this project.
20a Was equipment odered for project operati ons during this quarter?
20b. Was equipment for pr oject operati ons received during this quarter?
20c. Was equipment for project operations distributed during this quarter?
20d. Was equipment for project operatio ns used during this quarter?
15C. 21 To convert a manual records system into an electronic records retention system for the
purpose of criminal justice records improvement
21a. How many manual records were converted to an electronic records retention system
durig this quarter?
21 b. How many overtime hours were used to convert manual records to an electronic records
retention system?
PROGRAM NARRATIVE
In accordance with FDLE, all projects must include a detailed description of program activities for each quarter.
Jurisdictions failing to complete this portion of the report will be " Out of Compliance" in addition to a denial of
denial of reimbursement requests.
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(To Be Copied on Jurisdiction Letterhead)
City:
Date of Claim:
Project Name:
Claim Number:
Telephone:
Claim Period:
Name of Person Completing Form:
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4. Remaining Federal
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Budget
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1. Total Federal Budget $ .
.
3. Amount of Previous Invoices $
(75% of your current
Balance
(Subtract lines 2 &
claim)
$ .
Sub Object Budget Line Item
Code Categories Disallowed
3 from line 1)
Local Category
Match Totals
Federal
Funds
Salaries &
Benefits
Contractual
Services
Operating/
Capital Equipment
Expenses
Total Claim
We request payment in accordance with our contract agreement in the amount
Claim $ (75%), the balance of costs, $ (25%), to
of 75% of the Total Costs for this
be recorded as our in -kind contribution to
I certify that all of the costs have been paid and
with the authorized budget and fall within
received, for which reimbursement is requested.
comply with the local match requirements.
Attached, please find the records which substantiate the
none of the items have been previously reimbursed. All
the contractual scope of services and all of the goods and
Respectfully submitted,
above expenditures.
of the expenditures comply
services have been
Chief of Police/Other City Official
Payment Approved, Miami Dade County
Miami Dade County Page 2 of 3
Record Improvement Project
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses
City: Date of Claim:
Project Name: Claim Number:
Name Date of Type of Total
Officer/Staff Activity Activity* Hours
'(Presentation, Parent Meeting, Field trip, etc.)
TOTAL HOURS . AT $ . PER HOUR = $
I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT.
OFFICER/STAFF SIGNATURE:
OFFICER/STAFF SOCIAL SECURITY NUMBER:
CHIEF OF POLICE/CITY OFFICIAL SIGNATURE:
I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED:
Note: Payroll registers, time sheets and OT slips, documenting payroll expenses, must be attached to process this payment.
Miami Dade County Page 3 of 3
Record Improvement Project
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Equipment, Supplies, Material Expenses)
City: Date of Claim:
Project Name: Claim Number: .
Item Date Check
Vendor Description Paid Number Amount
TOTAL AMOUNT OF EXPENSES:
NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment.
ATTACHMENT D
Al 1Al ti\1 .\1 ll
DEPARTMENT OF HUMAN SERVICES
BYRNE GRANT ADMINISTRATION
MIAMI-DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All
blank spaces must be filled.
The MIAMI -DARE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DARE CRIMINAL RECORD AFFIDAVIT;
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE FAMILY LEAVE
AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the
State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not it pertains to this contract.
I, Genaro "Chip" Iglesias , being first duly sworn state:
Affiant
The full legal name and business address of the person(s) or entity contracting or transacting business with
Miami -Dade County are (Post Office addresses are not acceptable):
65-0291811
Federal Employer Identification Number (If none, Social Security)
Village of Key Biscayne Police Department
Name of Entity, Individual(s), Partners, or Corporation
Doing Business As (if same as above, leave blank)
88 West McIntyre Street Key Biscayne, FL 33149
Street Address
City State
Zip Code
I. MIAMI -DARE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code)
1. If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly
five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded
corporations or to contracts with the United States or any department or agency thereof, the State or
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are (Post Office addresses are not acceptable):
Full Legal Name
Address Ownership
1 of 5
0/0
0/0
2. The full legal names and business address of any other individual (other than subcontractors,
material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal. equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3. Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this regard. shall be punished by a fine of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty (60) days or both.
X II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-
133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require
the entity contracting or transacting business to disclose the following information. The foregoing
disclosure requirements do not apply to contracts with the United States or any department or agency
thereof, the State or any political subdivision or agency thereof or any municipality of this State.
1. Does your firm have a collective bargaining agreement with its employees?
X Yes No
2. Does your firm provide paid health care benefits for its employees?
x Yes No
3 Provide a current breakdown (number of persons) of your firm's
work force and ownership as to race, national ongin and gender:
White: 35 Males 4 Females Asian: Males Females
Black: 2 Males 1 Females American Indian: Males Females
Hispanics: 39 Males 24 Females Aleut (Eskimo): Males Females
Males Females: Males Females
XIII. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.)
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract,
have: i) a written affirmative action.plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate in its employment and promotion practices; and ii) a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring the entity does not discriminate in its employment, promotion and procurement practices.
The foregoing notwithstanding, corporate entities whose boards of directors are representative of the
population make-up of the nation shall be presumed to have non-discriminatory employment and
procurement policies, and shall not be required to have written affirmative action plans and procurement
policies in order to receive a County contract. The foregoing presumption may be rebutted.
2 of 5
The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the Board
of County Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of 85.000,000.
The firm does have annual revenues in excess of 55,000,000; however. its Board of Directors is
representative of the population make-up of the nation and has submitted a written, detailed
listing of its Board of Directors, including the race or ethnicity of each board member, to the
County's Department of Business Development. 175 N.W, 1st Avenue, 28th Floor, Miami,
Florida 33128.
X The firm has annual gross revenues in excess of S5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development 175 N.W. 1S` Avenue, 28th Floor, Miami, Honda
33128;
The firm does not have an affirmative action plan and/or a procurement policy as described
above, but has been granted a waiver.
X IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County has
has not as of the date of this affidavit been convicted of a felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County has X has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
x_V MIAMI-DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No.
92-15 codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No. 92-15 of the Code of Miami -Dade County, Florida. the above
named person or entity is providing a drug -free workplace. A written statement to each employee
shall inform the employee about:
1. danger of drug abuse in the workplace
2. the firm's policy of maintaining a drug -free environment at all workplaces
3. availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health. safety, welfare, economic benefits and well-being of the public. Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
3 of 5
_VI. MIAMI -DARE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142-91 codified as Section 11A-29 et. seq of the County Code)
That in compliance with Ordinance No. 142-91 of the Code of Miami -Dade County, Florida. an
employer with fifty (50) or more employees working in Dade County for each working day during
each of twenty (20) or more calendar work weeks, shall provide the following information in
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90)
days of family leave during any twenty-four (24) month penod, for medical reasons, for the birth or
adoption of a child. or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however, pertain to municipalities of this State.
X VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95)
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services. transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29
U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing
Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to
contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State.
X_VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2-8.1(c) of the County Code)
Except for small purchase orders and sole source contracts, that above named firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes -- including but not limited to real and
property taxes, utility taxes and occupational licenses -- which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or individual have been paid.
X IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
4 of 5
X. PROJECT FRESH START (Resolutions R-702-98 and 358-99)
Any firm that has a contract with the County that results in actual payment of 5500,000 or more shall
contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent
(5%) of the firm's work force consists of individuals who reside in Miami -Dade County and who have
lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a
result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may
request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request
affidavit. The foregoing requirement does not pertain to government entities, not for profit
organizations or recipients of grant awards.
X XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At 11A-60 Et. Seq. of the
Miami -Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance.
Ordinance 99-5, codified at 11A-60 et. seq. of the Miami Dade County Code, which requires an
employer which has in the regular course of business fifty (50) or more employees working in Miami -
Dade County for each working day during each of twenty (20) or more calendar work weeks in the
current or proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" and
have indicated by . "X" all affidavits that •ertain to this contract and have indicated by an "N/A" all affidavits
that do not pertain ' this contract.
By:
ignature of Affiant)
- 2_a"--1
(Date)
SUBSCRIBED AND SWORN TO (or affirme before me this /0 day of _Dee,c, rr2/jr
200 7 by Genaro "Chip" Iglesias . He/She is personally
known to me or has presented Driver' s License
(Type of Identification)
a.4242/2. y , 7,37-kz,
(Signature of Notary)
42atic.
C(1 -i 1 r rc
(Print or Stamp of Notary)
Notary Public - Stamp State of F/G'ri dC't-
(State)
as identification.
DD cl
(Serial Number)
(Expiration Date)
Notary Seal
Notary Public State of Florida
Ana Yanira Guerra
My Commission DD618090
Expires 11/28/2010
5 of 5
ATTACHMENT D1
ML4,1MI-DADS COUNTY FLORIDA
ATTACHMENT D1
Form A-12
Code of Business Ethics
In accordance with Resolution R-994-99 each person or entity that seeks to do business
with Miami -Dade County shall adopt the Miami -Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics as follows:
The Miami -Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an
ethical business climate for its members and the community by adopting a Code of Business
Ethics. Miami -Dade County/Greater Miami Chamber of Commerce encourages its members to
incorporate the principles and practices outlined here in their individual codes of ethics, which will
guide their relationships with customers, clients and suppliers. This Model Code can and should
be prominently displayed at all business locations and may be incorporated into marketing
materials. Miami -Dade County/Greater Miami Chamber of Commerce believes that its members
should use this Code as a model for the development of their organizations' business codes of
ethics.
This Model Code is a statement of principles to help guide decisions and actions based on respect
for the importance of ethical business standards in the community. Miami -Dade County/Greater
Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the
responsibility of every business and professional organization.
By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby
agrees to comply with the principles of Miami -Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the
Proposer must identify the difference(s) on a separate document attached to Form A-12.
Compliance with Government Rules and Regulations
• We the undersigned Proposer will properly maintain all records and post all licenses and
certificates in prominent places easily seen by our employees and customers;
• In dealing with government agencies and employees, we will conduct business in accordance
with all applicable rules and regulations and in the open;
• We, the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission, the Office of Inspector General or appropriate
law enforcement authorities.
Recruitment, Selection and Compensation of Contractors, Consulting, Vendors, and Suppliers
• We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when
identified;
• Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick
back any portion of a contract payment to employees of the other contracting party or accept
such kickback.
10/4/2007 Page 1 of 3
Business Accounting
• All our financial transactions will be properly and fairly recorded in appropriate books of
account, and
there will be no -off the books" transactions or secret accounts.
Promotion and Sales of Products and Services
• Our products will comply with all applicable safety and quality standards;
• We, the undersigned Proposer will promote and advertise our business and its products or
services in a manner that is not misleading and does not falsely disparage our competitors;
• We, the undersigned Proposer will conduct business with government agencies and employees
in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism
are unacceptable; .
• Our proposal will be competitive, appropriate to the request for proposals/qualifications
documents and arrived at independently;
• Any changes to contracts awarded will have a substantive basis and not be pursued merely
because we are the successful Proposer.
• We, the undersigned Proposer will, to the best of our ability, perform government contracts
awarded at the price and under the terms provided for in the contract. We will not submit
inflated invoices for goods provided or services performed under such contracts, and claims
will be made only for work actually performed. We will abide by all contracting and
subcontracting regulations.
• We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise
channel kickbacks from contracts awarded, to government officials, their family members or
business associates.
• We, the undersigned Proposer will not seek or expect preferential treatment on proposals
based on our participation in political campaigns.
Public Life and Political Campaigns
• We, the undersigned Proposer encourage all employees to participate in community life, public
service and the political process to the extent permitted by law;
• We, the undersigned Proposer encourage all employees to recruit, support and elect ethical
and qualified public officials and engage them in dialogue and debate about business and
community issues to the extent permitted by law;
• Our contributions to political parties, committees or individuals will be made only in accordance
with applicable laws and will comply with all requirements for public disclosure. All contributions
made on behalf of the business must be reported to senior company management;
• We, the undersigned Proposer will not contribute to the campaigns of persons who are
convicted felons or those who do not sign the Fair Campaign Practices Ordinance.
10/4/2007 Page 2 of 3
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ATTACHMENT D2
Attachment D2
MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Ordinance 93-129, Section 1)
I, being duly first sworn, upon oath deposes and says that the bidder of this
contract or his agents, officers, principals, stockholders, subcontractors or their
affiliates are not i ebarred b Mia i-Dade County.
By:
cDe,( Il), ,at 7
ignature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this /i)
day of Di70
200 % by Genaro "Chip" Iglesias . He/She
is personally known to me or has presented Driver's License
as identification.
--- 7C-67- L?
(Signature of Notary)
r7L2-
(Type of Identification)
DD t, el .' C) 96
(Serial Number)
/4)✓.,2S +! in
(Print or Stamp of Notary) (Expiration Date)
Notary Public — Stamp State of , �G�---/c/(1__ Notary Seal
(State)
•
Notary Public State of Florida
Ana Yanira Guerra
My Commission DD618090
Ex.ires 1112812010
5/01
ATTACHMENT D3
Attachment D3
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
1. This sworn statement is submitted to Miami -Dade County
by Genaro "Chip" Iglesias, Village Manager
(print individual's name and title)
for
Village of Key Biscayne
(print Name of entity submitting sworn statement)
whose business address is 88 West McIntyre Street, Key Biscayne, FL 33149
and if applicable its Federal Employer Identification Number (FEIN) is 65-0291811
If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including. but not limited to, any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime. with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
1 oft
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States within the legal
power to enter into a binding contact and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees. members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA S • TUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS ' e RM.
(Signa re)
Sworn to and subscribed before me this /e. day of /f e -m/ ei-- , 20 C.) 7 .
Personally known
OR Produced Identification Genaro "Chip" Iglesia' otary Public - State of F72f
Driver's License My commission expires A//C v'. . S,
(Type of Identification)
Notary Public State of Florida
Ana Yanira Guerra
My Commission DD618090
Expires 1112812010
'TM a ,'u ret_ rt
(Printed typkd or stamped commissioned name of notary
public)
2 of 2
ATTACHMENT E
ATTACH\IENT E
MIAMI-DADE DEPARTMENT OF HUMAN SERVICES
BYRNE GRANT ADMINISTRATION
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97-104)
Name of Organization: Village of Key Biscayne Address: 88 W. McIntyre Street
Key Biscayne, FL 33149
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami -Dade County Ordinance 97-104, the Provider must submit the list of first tier
subcontractors or sub -consultants who will perform any part of the Scope of Services Work, if this
Contract is for S100,000 or more.
The Provider must complete this information. If the Provider will not utilize subcontractors, then the
Provider must state "No subcontractors will be used"; do not state "N/A".
NAME OF SUBCONTRACTOR OR SUB -CONSULTANT
ADDRESS CITY AND STATE
No subcontractors will be used.
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami -Dade County Ordinance 97-104, the Provider must submit a list of suppliers
who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or
more.
Thy Provider must fill out this information. If the Provider will not use suppliers, the Provider must
state "No suppliers will be used", do not state "N/A".
NAME OF SUPPLIER
ADDRESS CITY AND STATE
No suppliers will be used.
I hereby certify that the foregoing information is tr
Signature of Authorized Representative:
Title: Village Manager
Firm Name: Village of Key Biscayne
e, correct and
ti -
'PI
te:
J
Date: (;( 7'1 1L), /(7
Fed. ID No. 65-0291811
Address: 88 West McIntyre Street City/ State/Zip; Key Biscayne, FL 33149
Telephone: (305) 365-8949 Fax: (305) 365-8937 E-mail: jmonteagudo@kbpd.net
M I A M I•DADE
ADA Coordination
Agenda Coordination
Animal Services
Art in Public Places
Audit and Management Services
Aviation
Budding
Building Code Compliance
Business Development
Capital Improvements
Citizens' Independent Transportation Trust
Commission on Ethics and Public Trust
Communications
Community Action Agency
Community & Economic Development
Community Relations
Consumer Services
Corrections & Rehabilitation
Cultural Affairs
Elections
Emergency Management
Employee Relations
Empowerment Trust
Enterprise Technology Services
Environmental Resources Management
Fair Employment Practices
Finance
Fire Rescue
General Services Administration
Historic Preservation
Homeless Trust
Housing Agency
Housing Finance Authority
Human Services
Independent Review Panel
international Trade Consortium
Juvenile Assessment Center
Medical Examiner
Metro -Miami Action Plan
Metropolitan Planning Organization
Park and Recreation
Planning and Zoning
Police
Procurement Management
Property Appraisal
Public Library System
Public Works
Safe Neighborhood Parks
Seaport
Solid Waste Management
Strategic Business Management
Team Metro
Transit
Task Force on Urban Economic Revitalization
Vizcaya Museum And Gardens
Water & Sewer
November 6, 2007
Chief Charles Press
Key Biscayne Police Department
88 West McIntyre Street
Key Biscayne, FL 33149
Re: FY2008 Contracts
Section XVII; Item A, Budget Variance
Dear Sirs:
Human Services
Byrne Grant Administration
Dr. Martin Luther King, Jr. Office Plaza
2525 N.W. 62nd Street • Suite 4000
Miami, Florida 33147
T 305-514-6000 F 305-514-6157
miamidade.gov
This letter serves as formal notice to revise your contract for FY2008. In an
effort to reflect guidelines established by FDLE, we will need to change the
allowable percentage for current budget variances. Under Section XVII
Project Budget and Payment Procedures; Item A, Budget Variance, the
following will apply:
The current statement reads;
A. Budget Variance. Funds may be shifted between approved line
items, not to exceed fifteen percent (15%) of the total budget,
without a written amendment. Variances greater than fifteen
percent (15%) in any approved line item shall require a written
amendment approved by the Department.
The new statement will read;
A. Budget Variance. Funds may be shifted between approved line
items, not to exceed ten percent (10%) of the Federal budget,
without a written amendment. Variances greater than ten
percent (10%) in any approved line item shall require a written
amendment approved by the Department.
Please make note of the change for your records. So that there is no
compromise to the legal language contained in your contract, please do not
make any revisions to your contract. This written communication serves as
notice of the above stated change as required under Section XIII of your
contract. All necessary revisions will be made in this office once we have
received your signed contracts. Fully executed contracts returned to your
city will contain the revised statement.
If you have any question regarding these revisions or any part of your
contract please do not hesitate to contact myself or LaWanda S. Scott of
this office at (305) 514-6000.
Sincerely,
Michaela Doherty
Project Director